Rakesh Tomar vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 8763 MP

                                                      1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 14 th OF JUNE, 2023
                                       CRIMINAL APPEAL No. 331 of 2004

               BETWEEN:-
               RAKESH TOMAR S/O LATE SHRI PARMAL SINGH
               TOMAR, AGED ABOUT 23 YEARS, R/O SANJAY NAGAR
               LAXMI GANJ LASHKAR GWALIOR (MADHYA PRADESH)

                                                                                   .....APPELLANT
               (BY SHRI PRABAL SOLANKI- ADVOCATE )

               AND
               THE STATE OF MADHYA PRADESH THR POLICE
               STATION JANAK GANJ DISTT. GWALIOR (MADHYA
               PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR FOR THE STATE)

                           Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                       ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C. being aggrieved by the judgment dated 21.5.2004 passed by the 10th Additional Sessions Judge (Fast Track Court), Gwalior, in S.T.No.202/2002 whereby appellant Rakesh has been convicted under Sections 147, 323/149, 304 Part II/149 of IPC and sentenced to undergo 1 year RI, 1 year RI and 3 years RI respectively.

Signature Not Verified Learned counsel for the appellant/accused submitted that he does not Signed by: MADHU SOODAN PRASAD want to challenge the conviction of the appellant for the aforesaid offence. As Signing time: 15-06-2023 10:18:58 AM

regards sentence, it is submitted by learned counsel for the appellant that appellant Rakesh has remained in custody for 11 months. He has been facing rigors of judicial proceedings since 21.1.2002. Learned counsel for the appellant submits that incident took place all of a sudden on a petty matter due to dispute of amount of cow-dung cake, due to which accused persons pelted stones on Bhura Pal, who sustained simple injury, and Prakash, who died due to head injury of stone. Therefore, while imposing fine amount suitably, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, fine of Rs.5,000/- is imposed on appellant Rakesh under Section 304 Part II/149 of IPC. Accordingly, while affirming the conviction of the appellant under Sections 147, 323/149 and 304 Part II/149 of IPC, jail sentence of the appellant is reduced to the period already undergone by him while imposing fine of Rs.5,000/- on appellant which shall be deposited by him within a period of two months from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 15-06-2023 10:18:58 AM